In a decision penned by Associate Justice Salvador Valdez Jr., the CA dismissed the petition of former PTA general manager Nixon Kua to restrain Barbers from assuming the top PTA post. Kua said his six-year term would expire on Nov. 7, 2006.
The CA ruled that when Kua was appointed PTA general manager in November, 2000 by then President Joseph Estrada, he was merely serving in a "hold-over" capacity to fill in the vacancy left by his predecessor, Angelito Banayo.
The CA said Kua’s tenure ended on April 5, 2002, though he was appointed by Estrada only on Nov. 7, 2000, because this was the remainder of Banayo’s tenure.
"Accordingly, when petitioner (Kua) was appointed, the unexpired portion of his predecessor’s term, which he assumed on April 2002," the court said.
"The position, therefore, became vacant on April 6, 2002. That (Kua) continued to sit in the position and even afterwards could not, as it did not, bar its being filled up by a new appointee, as his prolonged stay was already on borrowed time as mere hold-over general manager," the CA said.
When Barbers was appointed to the PTA helm by President Arroyo on Nov. 12, 2002, the appointment was valid because the position was vacant and Kua had "no more security or guarantee of tenure," the CA said.
However, Barbers admitted at a press conference that the CA ruling is not yet final and may still be appealed before the Supreme Court.
Barbers then called on Kua not to file a motion for reconsideration before the high court and asked Kua to instead help him in promoting the country’s tourism industry as a consultant to the PTA.
"I am hoping he will honor our gentlemen’s agreement to respect the CA ruling and my offer for him to be my services consultant is still open," Barbers said.
The STAR contacted Kua, who said will "file an appeal before the Supreme Court and my lawyers are now drafting my petition."
Although the CA ruling is not yet final and executory, Kua said he will step down — if only to allow the PTA to continue with its normal operations and shield its employees.
He also asked Barbers to stop his "persecution" of PTA personnel perceived to be supportive of Kua and end what he called a "persistent fishing expedition."
Barbers, for his part, said he would continue to employ 20 of Kua’s former staffers. It will be recalled that some PTA employees rallied behind Kua and protested Barbers’ appointment.
Yesterday, a number of placard-bearing PTA employees staged a rally, this time to express support for their new general manager. Top PTA officials were also present at Barbers’ press conference.
With the obstruction of his appointment already cleared, Barbers vowed to exert 150 percent effort in implementing various infrastructure programs and other activities to boost the country’s tourism industry.
A project to improve tourist areas considered unattractive to investors will be the top priority of Barbers’ six-year term as PTA general manager.